CHAD: 2006 TRAFFICKING IN PERSONS REPORT (PART II)

UNCLAS NDJAMENA 000338 SIPDIS SIPDIS DEPARTMENT FOR AF, AF/C, INR, DRL, DS/IP/AF, DS/IP/ITA; LONDON AND PARIS FOR AFRICAWATCHERS E.O. 12958: N/A TAGS: PGOV PHUM KCRM KWMN SMIG ASEC KFRD PREF CD SUBJECT: CHAD: 2006 TRAFFICKING IN PERSONS REPORT (PART II) REF: STATE 2730889 ¶1. Summary: This cable represents a continuation of Embassy N,Djamena,s responses to reftel regarding Chad,s prosecution and protection efforts. End Summary. - - - - - - - - - - PROSECUTION EFFORTS - - - - - - - - - - ¶2. (23. A) Trafficking cases are generally prosecuted using charges of kidnapping, sale of children, and violations of labor statutes. Legal code revisions prohibiting trafficking are awaiting approval by the Council of Ministers. The new sentences vary from six months, to 10 to 20 years in prison, to hard labor for life, and fines from 100,000 to two million FCFA (approximately USD 200 to 4,000). To punish child trafficking, prosecutors also use an article in Chad,s labor code that prohibits the employment of children less than 14 years of age. This code prescribes fines of 147,000 to 294,000 FCFA (245 to 490 USD). Repeat offenders may be fined up to 882,000 FCFA (1470 USD) and jailed from six days to three months. As a response to parental involvement in prostitution of young girls, the Government increased the penalty for prostitution of a minor by a relative or guardian. The crime is now punishable by five to ten years in prison and a fine of USD 200 to 2,000 (100,000 to 1,000,000 FCFA). ¶3. (23. B) There is no distinction between sex and labor trafficking in the law. ¶4. (23. C) Rape and forcible sexual assault can result in hard labor for life if the victim is less than 13 years old. ¶5. (23. D) Prostitution and related activities are illegal. The law prohibits prostitution, pimping, and owning a brothel. In 2004, the Penal Code was revised to establish new punishments for the prostitution of a minor. The revised code provides for prison terms of between two months ad two years and a fine of between 99 and 985 USD(50,000 to 500,000 FCFA). (Note: The maximum fin is the equivalent of two years, income for the verage Chdian. End Note.) ¶6. (23. E) In addtion to cases previously reported, in 2005, a sodier on duty in northern Chad found a 14-year old child from the south who had been trfficked as a child herder and returned the child, with the assistance of local human rights groups, to his home in Kelo. The trafficker fled Chad and is now believed to be operating in Senegal. In August 2005, border officials discovered a sack containing four children in the back of a taxi. They recovered the children and arrested the taxidriver. He is awaiting trial. Also in 2005, a man who kidnapped and trafficked a child from Koumra, Chad, to Kousseri, Cameroon, was arrested for forcing the child to beg in the streets. He is now in jail awaiting trial. The child was returned to his parents. In 2004, a Frenchman who recruited young Chadian girls for sexual exploitation was arrested by Chadian security forces. We are trying to get the details of his "escape." In October 2005, the Government began investigating several Koranic schools alleged to be exploiting children for their labor. In several cases, the schools were temporarily closed by the Government. Those that re-opened had to change their curriculum and treatment of children. The Ministry of Social Action and the Directorate of Religious Affairs are monitoring some of these schools more closely. ¶7. (23. E) The Government,s ability to collect information and prosecute cases in a timely manner is limited by the fact that there are only 150 judges in Chad and they must hand-write all court documents. As a result, cases move through the courts very slowly. The Embassy just delivered 80 manual typewriters and copies of the legal code to the courts in Chad. We are also awaiting G/TIP funds for a UNICEF-run program to assist in strengthening the law enforcement and judicial mechanisms. Another problem is the division of labor between the police and the courts in terms of tracking cases from start to finish. The Ministry of Justice is working on ways in which to track cases more efficiently. In February 2005, it began a survey of law enforcement agencies, gendarmerie and police stations, and border officials to determine the number of trafficking-related arrests and investigations being carried out. Then, these cases will be cross-checked with the judiciary to get an accurate count of the number of cases being handled and their disposition. In addition, Chadian judicial proceedings include a stage of mediation in which an agreement is reached between the defendant and plaintiff instead of a judgment being rendered. ¶8. (23. F) For the most part, Chadian law enforcement officials have not identified any one group behind trafficking in persons. The majority of trafficking involves parental consent in situations where the child is given to an intermediary or relative in exchange for education, apprenticeships, cattle, or a small sum. However, a 2004 government report indicates that child prostitution tends to be more organized than other forms of trafficking in Chad. In 24 cases of commercial sexual exploitation of children in 2004, the Ministry found that in 20 percent of the cases, an organized criminal element was identified that included religious authorities and, in a few cases, administrative authorities. There are intermediaries involved in arranging child herding contracts. Herders benefit from inexpensive labor. Poor families benefit by receiving livestock in exchange for the labor of their children. The intermediary finds the children for the herders and receives a small sum of money. ¶9. (23. G) The Government investigates trafficking cases. Many of these cases are brought to the police by the public. Government investigative techniques are unsophisticated, consisting mostly of interrogations. The Government lacks the resources, equipment, and training to employ more sophisticated techniques. Government security operatives are permitted to use covert operations in investigations. ¶10. (23. H) The Ministries of Justice and Public Security provided training to key police, gendarmerie, military, and border officials in N,Djamena on how to recognize, investigate, and prosecute trafficking. These officials requested additional training on victim protection and the Ministries are planning to provide the same training in other major cities in Chad. The Ministries are also considering incorporating the highly successful training program into the academies for the police and gendarmerie. ¶11. (23. I) Chad has signed cooperation agreements with Cameroon, Nigeria, Central African Republic, and Sudan concerning trafficking and other cross-border issues. In May 2005, Cameroonian and Chadian border officials worked together on a trafficking case in which a young Chadian boy was transported to Kousseri, Cameroon, to and put into a forced begging situation. The Cameroonians turned the trafficker over to Chadian authorities and he is awaiting trial in jail in N,Djamena. The Ministry of Justice is also working with Saudi Arabian officials on cases of Chadian children found begging in the streets there. ¶12. (23. J) Chad,s trafficking problem is primarily internal. In the Cameroonian case mentioned above, extradition agreements with its neighbors were invoked. Chad has extradition reciprocity with 10 other West and Central African countries. Chad will accept to consider extradition requests put forward by other countries. ¶13. (23. K) There are reports that some local authorities, who own herds, use intermediaries to recruit child herders in Mandoul. Officials in destination areas have raised the issue with the Ministry of Justice. The Government frequently changes local officials, which has made it difficult for the Ministry to complete investigations on them. ¶14. (23. L) In 2004, a prefet in Koumra was involved with providing administrative documents and a certificate of adoption for trafficking intermediaries. He was removed from his position. ¶15. (23. M) Chad is not a major tourist destination. Sex tourism is not a problem in Chad. ¶16. (23. N) The Government of Chad has ratified the following international accords: ILO Convention 29 (November 10, 1969),ILO Convention 105 (June 8, 1961),and ILO 182 (November 6, 2000). The Government has signed the Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography (May 8, 2000). The Government has not signed the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Specifically Women and Children. - - - - - - PROTECTION - - - - - - ¶17. (24. A) The Government lacks shelters and functioning health care facilities for victims of any crime. In general, when children are recovered, they are taken to the local authorities, who arrange shelter or a foster situation with local religious institutions or human rights groups. In many instances, the regional Governor or Prefet becomes involved in arranging shelter. Chad has at least one shelter facility, in Koundoul, outside N,Djamena. ¶18. (24. B) Through its joint agreement with UNICEF, the Government provides some funding, but primarily social services access for victims and in-kind contributions. ¶19. (24. C) Currently, the police or other local authorities notify the Ministry of Justice,s Child Protection Department, UNICEF, and local NGOs when there is a case of child trafficking or child abuse. In most cases, the local police or gendarmerie are the first point-of-contact. ¶20. (24. D) The Government does not arrest or detain victims. According to the Ministry of Justice, child victims are not prosecuted for violations of other statutes. ¶21. (24. E) The Government encourages victims to assist in investigation and prosecution of traffickers. Victims can file civil suits to seek damages from traffickers but this is rarely done because victims cannot afford a lawyer. In cases involving child herders, local officials often negotiate a settlement between the herder for damages or fulfillment of the contract terms on behalf of the family. ¶22. (24. F) Chad,s judiciary is weak and the Government is unable to provide protection for witnesses of any crime. ¶23. (24. G/H) Chad,s trafficking problem is primarily internal, making training of embassy personnel irrelevant. If victims are found and repatriated from a foreign country, the Government of Chad is responsible for making the necessary arrangements for any medical assistance or shelter needed. In the case of the Chadian child repatriated from Cameroon, the Ministries of Justice and Social Action provided temporary shelter and located and counseled the child,s parents. ¶24. (24. I) Cooperation between the Government and international and non-governmental organizations is excellent. The Government and its partners share information and divide responsibilities when victims are discovered. The Government,s primary international partner is UNICEF. Non-governmental organizations and human rights groups help identify cases, raise public awareness, and assist victims. These include: the Chadian League of Human Rights (LTDH), Association for Justice and Peace (AJP),Catholic Relief Services (CRS),Fight Against Trafficking of Children (LCTE), African Evangelical Youth (JEA),Union of Young Christians (UJC),Diocesan Commissions on Justice and Peace (CDJP), Youth Association Against Divisions (AJAC),Association for Assistance to Street Children of Moyen Chari (AAERMC), Baptist Churches and Youth of Chad (JEBT),Christian Assemblies Youth of Chad (JEACT),Union of Women,s Groups (UGF),Islamic Committee (IC),Liaison and Information Unit of Women,s Organizations (CELIAF),Association of Women Jurists in Chad (AFJT),Association for Community Initiatives in Africa (APICA),Research and Liaison Department for Catholic Action for Development (BELACD),Local Catholic Radio (Radio Lotiko),Village Associations (AV),Chadian Association for Mediation of Conflicts Between Farmers and Herders (AMECET),Association for the Promotion of Documentary Information (APIDO),Association for Traditional Chiefs in Chad (ACTT),and Youth Scout Movement (KEMKOUGUI). WALL